My community members criticised me for the judgement: CJI BR Gavai on sub-classification of SC quota

CJI BR Gavai

Chief Justice of India BR Gavai on Saturday reflected on criticism he faced from within his own community over his ruling on the Creamy Layer among Scheduled Castes, stressing that judges must remain guided by law and conscience, not public opinion.

Speaking at a felicitation function organised by the Goa High Court Bar Association in Panaji, CJI Gavai said: "I have been widely criticised for the creamy layer judgement by people belonging to my own community," CJI Gavai said at an event organised by the Goa High Court Bar Association. "But I always believed that I have to write a judgement not as per the desires of people, but according to the law as I understand it and my own conscience".

Last year, a Constitution bench, led by the then Chief Justice of India (CJI) DY Chandrachud, in a review judgement of Punjab and Haryana High Court, delivered a landmark verdict allowing states the authority to sub-classify reserved category groups, such as Scheduled Castes (SCs) and Scheduled Tribes (STs), for the purpose of reservations.

The 6-1 majority decision, last year, overturned the 2004 ruling in EV Chinnaiah vs State of Andhra Pradesh, fundamentally altering the landscape of reservation policies in India.

B R Gavai, had then emphasized on the difference between "sub-classification" and "sub-categorisation," cautioning against using these classifications for political appeasement rather than genuine upliftment.

Speaking at the event on Saturday, the CJI explained his reasoning behind allowing subclassification within Scheduled Castes, Gavai said he had observed a pattern where successive generations of families benefiting from reservation continued to secure elite positions.

"The question I put to myself was whether the son of a chief secretary in Mumbai or Delhi studying in the best schools can be equated with the child of a mason or an agricultural labourer studying in a village zilla parishad school," CJI Gavai remarked.